> If I had to come up with “fair” sentencing criteria, it would be “what’s the least restrictive way we can make sure this person doesn’t pose a danger to society and people are discouraged from similar acts.”

This is a bad take imo. There's also a need for punishments to deter future misconduct by others.

If I, as a hypothetical startup founder, know that I can defraud my investors (among other things!) at the risk of just an embarrassing trial, I am much more likely to engage in fraud than if I risk GOING TO FEDERAL PRISON.

I'm generally not a huge fan of incarceration. But in the case of those whose crimes are premeditated and serious -- and who had every advantage growing up -- I think some prison time is appropriate.